Easement and agreement between two properties for a right of way and restrictions for use, access and maintenance of a driveway and parking lot.
An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. A driveway easement may be created by recording a deed that states, for example, that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
New Hampshire Driveway Easement and Shared Parking Agreement
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Multi-State
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US-EAS-33
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Word;
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How to fill out Driveway Easement And Shared Parking Agreement?
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FAQ
An easement deed should be signed and acknowledged by the grantor. A real estate deed that is required to be recorded in order to provide constructive notice must have a certificate of acknowledgment or proof of execution endorsed on the deed or attached to it. The certificate is recorded with the deed (183-29).
Who should maintain a shared driveway? It's largely expected that both homeowners will do their bit to help maintain the conditions of a shared driveway. However, it is worth noting that neither homeowner has a right to store anything in the area, such as bins.
The legal situation may not bother some people, but for others, it may. Most of the time, a property owner cannot block an easement that has already existed in the property's deed. When the property owner contests the easement's boundaries, a reputable local company in California can conduct a property survey.
New Hampshire Fence Law Basics This act is known as "encroachment" and it's a form of trespassing. Under New Hampshire law, private land owners have the right to enforce their property rights in court or through private agreements. A fence dividing two properties is called a division fence.
With a property easement, the servient tenement has a duty of care to make their land available for the dominant tenement's particular use or purpose. The servient tenement must not use their land in any way that will make it more difficult or costly for the dominant tenement to benefit from the easement.
The duty to care for an easement belongs to the owner of the dominant estate.
If you have an easement on your property, you may need to allow another person to use it to reach another property or piece of land. Easement rights are considered non-possessory. The property owner retains the ownership interest, which is normally referred to as the fee title.
Generally, the dominant tenant has the right and duty to maintain the easement so that it can used for the purpose for which it was granted. The owner of the easement may not increase the burden on the servient estate or unreasonably interfere with the rights of its owner.
Often, they are recorded in the Registry of Deeds. This type of easement allows one lot to drain storm water onto or through another property or into a common detention pond. Drainage easements can be public or private.
On newer roads and properties, especially on roads in a subdivision, the property owner's deed only goes to the edge of the right-of-way, and the land for the right-of-way is deeded to the town.